HomeMy WebLinkAboutCREGER PLAZA - Filed OA-OTHER AGREEMENTS - 2003-07-31B2156 P122
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1982
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AGREEMENT
This Agreement executed this --4,— day of 1982, by and
between the CITY OF FORT COLLINS, COLORADO (First Party) and CREGER PLAZA,
LTD. AND PLAZA VENTURE, LTD., by and through OSPREY, INC., a Colorado
Corporation, General Partner (Second Parties):
WITNESSETH:
WHEREAS, the Second Parties are the owners of the westerly portion of
Lot 5 and all of Lots 6 through 13 of Creger Plaza Subdivision, a subdivi-
sion in the City of Fort Collins, Colorado; and
WHEREAS, the plat of the aforesaid subdivision includes the grant and
dedication of easements for utilities and for a street known as McClelland
Drive (presently more commonly known as Mason Street); and
WHEREAS, the aforesaid subdivision has been platted showing the lot
lines for the lots above stated, extending to the center of said street;
and
WHEREAS, the parties hereto wish, by this Agreement, to resolve any
problems that may exist in relation to the Code of Ordinances of the City
of Fort Collins arising as a result of the extension of the aforesaid lot
lines to the center of said street.
In order to accomplish the foregoing, and in consideration of the
mutual promises of the parties hereto, it is therefore agreed and cove-
nanted as follows:
1. In consideration of the consent of the First Party to permit the
extension of the aforesaid lot lines to the center of McClelland Drive, the
Second Parties do hereby stipulate and agree that any and all ordinances,
rules and regulations of the First Party, as said ordinances, rules and
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regulations pertain to "lot lines", and including, but not limited to,
ordinances of the First Party relating to setback requirements, shall be
construed to apply to the boundaries of the rights -of -way for utility
easements and for McClelland Drive as dedicated and granted to the First
Party on the plat of Creger Plaza Subdivision, and not to the lot lines as
delineated upon said plat.
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historical rate of runoff established by preceeding years, if any.
Osprey Homes, Inc. and Fort Collins Motors, Inc. agree to
insure that the preliminary phase of said engineering study is
completed by July 1, 1978.
IN WITNESS WHEREOF, and that this agreement shall be binding
upon the undersigned, their heirs, personal representatives and
assigns, the same has been made and entered into the day and year
first above written.
OSPREY MES, I Colorado
ATTEST: ration
1 �, —
Secretary Rei L. Rosenthal, Pres ent
ATTEST:
Secretary
FORT CO ORS, INC.., a Colorado
Cor ration
obert E. Creger, IP esident
chard C. Fuqua
Patricia K. Fuqua
Garth W. Roge s
D. J. Colling
Theodore R. Davis
Chris Brown
u PC, � I y
83
rdePEC 1 31979' L-5 _o'clock I
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ALBERTSCNS, INC.
FORT COLLINS, COLORADO
OPEN SPACE MAINTENANCE COVENANT
The undersigned, owner of Albertsons P.U.D., Fort Collins,
Colorado, hereby covenants with the City of Fort Collins, Colorado,
that in consideration of the approval of the Site Plan of Albertsons
P.U.D., the undersigned agrees to maintain all landscaping, parking
areas, sidewalks and all other open spaces as shown on the Landscape
Plan of Albertsons P.U.D., and to keep said open spaces clean and in
good repair.
In the event of the failure of the undersigned, or its assigns,
to keep said open space clean and in good repair, the City of Fort
Collins, upon 24 hours notice to the undersigned or its assigns,
may proceed to clean, repair or maintain said open space, and any
cost expended by the City of Fort Collins for such work shall be
an obligation of the undersigned or its assigns. Upon failure to
pay for such work, the City of Fort Collins may file a lien against
said nrenerty, obtain a iiirirmert anainst the undersign-ed or its
assigns, and foreclose said lien.
This shall be a covenant running with the land, and shall be
binding upon the undersigned and its assigns.
Dated this ;ram day of 1979.
ALBERTSONS, INC.
By:
e ice rest Te-nT R ea I E s t ate
rank Vau ht uthorized Agent
SI Al E OF UOLORAUO )
County of Larimer )
The above instrument 7wabsyacknowl edged before me this �Ck/- of
9
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as
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Witness my hand and of icial seal.
My commission expires: ,,.,,Q,m
nNes�on EYplree Av4,.'i 9 +aR3 . a'
Notary ,oj d
A G R E E M E N.
THIS AGREEMENT is mace_= �nt9 ent—ercd into this day of
Pdovemher, 1979, by and between
OSPREY HOMES, INS'., a general partner of
Crege?r Plaza, Ltd.,
hereinafter designated as the "applicant", 7.nc?
THE LARIIER COUNTY CANAL NO. 2 IRRIGATING COMPANY,
a. Colorado mutual irrigation corporation,
heie-inafter designated as "ditch company".
PROJECT
Planning and construction of a detention pond to retard
tlic. raise of :=low fr(-m runoff into c.itch company's ditch and ,--ontour
a Dart of appl.icEint's land to dig, o_rt runoff away from ditch cc,mp�.nj's
ditch, and further to contour other land to the east lying with.i.n, a.
f.Iing of The Landings Subdivision to further civnrt runoff into
cl.1-e-r detc•n.t:i.on facilities lying below ditch company's ditch.
WITNESSETH:
WHEREAS, the ditch company is the owner of an irrigation
catch and the right-of-way therefor; and applicant desires to
crect commercial buildings and parking facilities therefor. and
1,r.cvide for certain orderly runoff for drainage of storm v.,atcr::,
land lying primarily in the NE3i of the NEA of the NEB, of V/&f*agS
Section. 35, ':Pownship 7 North, Range 69 West of the 6th P.PI. ; and
WHEREAS, applicant shall erect the detention facilities
late>r referred to in this agreements t.ca contain and pr_ovidle for
tlh,c c..-Cerly discharge of runoff water into ditch company' Jitch
F�.nd contour a substantial proportion of said land to divert
}1 t_:Dior. is f lc,�.j away from said ditch; and further, to contour other
la. -OF, being developed kay Osprey Homes, Inc. in a part of T le..
i .'.':Cj .?iCJS �i]bdi ,i--ior l cleated in Sc C :-i_on F , `I'owYi ali Lp 7 NCB ~li,
Rance. 69 West of the r th P —M. , in such. a. mariner as tc> divert. (21 Alf- U►^
historic flow of water on saidlands a.s was used awav from ditch
company's ditch into detention facilities lying below said. ditch;
and
WHEREAS, attached hereto are Exhibit A, which is the plans
and specifications for the detention project, consisting of two
(2) pages, which also shows the land to be contoured to divert
water away from ditch company's ditch; and Exhibit B, consisting
of a drainage report, dated October, 1979, prepared by Cornell
Consulting Company, consisting of six (6) pages and seven (7)
additional. pages of calculations, which describes in detail the
hydrology and objectives of the detention facilities and rate
of discharge; and
WHFREAS, said Exhibit A sets forth all of the plans and
specifications and terms of this grant and shall in no way be
changed or modified by any subsequent or related plans or materials
not included herein unless agreed to by the parties hereto in
writing; and
WHEREAS, the ditch company is willing to grant to applicant
the right to construct said detention facilities upon terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and the
terms of the within agreement, it is agreed as follows:
1. The preamble shall be considered a part of this agreement;
2. Ditch company grants unto applicant the right to construct
commercial buildings and parking lots upon applicant's land in con-
junction with the detention facilities provided for in Exhibit A
providing for runoff water into ditch company's ditch, and further
grants unto applicant the right of ingress and egress to a part
of its ditch as shall be reasonable and necessary for the exercise
of the rights granted herein.
3. Applicant has paid the ditch company a permit fee in
the amount of Eight Hundred and No/100 (5800.00) Dollars for the
grant of this right-of-way.
4. In the event the reasonable and necessary expenses
incurred by ditch company in the granting of this right-of-way
shall exceed the above sum, applicant shall. pay such additional
reasonable and necessary expenses of the ditch company for legal
and engineering services ancl time directly involved by ditch
company's President or Superintendent.
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5. Appplicant will, upon the completion of the project,
furnish to ditch company an "as built" exhibit further supplementing
in final form the work described in Exhibit "A". The grant by
ditch company of rights hereunder shall not be effective and
binding upon the ditch company until satisfactory completion of
the inspection referred to in paragraph "8." herein.
6. The construction herein contemplated shall be in strict
accordance with the final set of plans set forth in Exhibit A.
Any excavation or changes in the present ditch where concrete is
not provided for, shall be backfilled, compacted and stabilized
to the entire satisfaction of the ditch company. All compaction
for dikes shall be done at ninety-five (95%) percent standard
Proctor density. The dikes shall be in conformance with the plans
for construction of the detention facilities. Said work shall
further be done only after notification given to the Superintendent
or other_ designated agents of the ditch company.
7. All construction shall be commenced and completed at
such times as shall not interfere with the regul-.r flow of water
of the ditch company during the irrigation season, but shall be
completed no later than April. 1, 1980.
8. Upon the completion of the project, the applicant shall
promptly notify the ditch company; and the parties shall jointly
inspect the project. If there are any deficiencies in the work
of the applicant or other variations from the plans set forth in
Exhibit A, the applicant shall forthwith remedy the same; and
in so doing, the applicant shall. meet a].1 reasonable requirements
of the ditch company for the protection of its ditch and sur.roiinding
property.
9. It. is understood and agreed that the problem of water
quality and responsibility and liability therefor is not determined
by this agreement.
10. Applicant, upon completion of the project as above
described, shall assume all futuYe maintenance of the project and
perform such maintenance regularly; and in case of problems,
applicant agrees to immediately correct such problems as they
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may develop; and this agreement shall be a covenant running with
the land and binding upon all subsequent owners.
11. The project shall be without cost to the ditch company,
and the applicant hereby indemnifies and forever holds the ditch
company harmless from liability for damages caused by the project.
12. Ditch company shall have full power to operate, maintain,
alter, enlarge or relocate its ditch as if this agreement had not
been made; and any expenses caused therehv to the applicant shall
not be chargeable to the ditch company.
13. In the event either the applicant or the ditch company
shall be in default in any of their covenants herein so as to
require the party not in default to retain counsel to attempt to
enforce the covenants by negotiations or otherwise, or to commence
legal or equitable action against the defaulting party, the
defaulting party agrees to pay all reasonable expenses of said
litigation incurred by the enforcing party, including but not
limited to docket fees, depositions and reasonable attorney's
fees.
THIS AGREEMENT shall extend to and be binding upon the
successors and assigns of the respective parties hereto.
IN WITNESS FI,-,REOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove written.
OSPREY HOMES, INC.,
(SEAL) a "g-6nera partr�,-'r. of Creger Plaza, Ltd.,
ATTEST: By:
_--
i , Reid L. Rosenthal-, President
Dennis L. Donovan
Vice President - Land Development
(SEAL)
ATTEST:
Pil a C. Stover, Secretary
STATE OF COLORADO )
ss.
County of Larimer )
THE LARIMER COUNTY CANAL NO. 2
IRRIGATING COMPANY,
a Colorado mutual irrigation corporation,
By
Glen A. Johnson, President
The Bove and foregoing agreement was acknowledged before
me this /4f day of November, 1.979, by Reid L. Rosenthal, as
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President, and attested to by Dennis L. Donovan, as Vice President
of Land Develcpment, of Osprey HOTIes ; Ir.c . , a ge-neral rartner of
Creger Plaza, Ltd.
^14_tnessmy hand and official_ seal.
My Commission Expires:
(SEAL)
STATE OF COLORADO )
s s
County of Larimer )
Notary Public v
The above and foregoing_ agreement was acknowleged before
me this day of November, 1979, by Glen A. Johnson, as
President, and attested to by P7illiam C. Stover, as Secretary,
of The Larimer. County Canal No. ? Irrigating Company, a Colorado
mutual irrigation corporation.
Witness my hand and official seal.
My Corrsaission Expires' � _-
(SEAL)
Notary Public
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AGREEMENT
THIS AGRFFMFNT made and entered into this lSth day of May, 1978, by and
between OSPP.FY HOMFS, INC., FORT COLLINS MOTORS, INC., RICHARD C. FUQUA, and
PATRICIA K. FUQUA:
WITNESSF.TH :
WHEREAS, Fort Collins Motors, Inc. and Osprey Homes, Inc. own property
in the Northeast 1/4 of Section 35, Township 7 North, Range 69 West, said property
known as "CREGF.R PLAZA" and have submitted to the City of Fort Collins for final
approval a plat of said property; and
WHEREAS, the other parties to this agreement own lands bordering on South
College Avenue and lying South of Creger Plaza as referenced above; and
WHEREAS, each of the parties hereto has entered into an agreement to have
an engineering study done regarding the disposal of water on said properties; and
WHFRFAS, at the present time, near the western boundaries of each of the
properties referenced above, including Creger Plaza, there is a low area;
NOW, THFREFORF., it is agreed upon the exchange of mutual consideration,
the adequacy and receipt of which is acknowledged by each of the parties hereto as
follows:
Fuqua shall allow storm water runoff, at the historical rate, to flow
through and/or over that property owned by Fuqua. Runoff water may be channeled
underground through Fuqua's property or over the surface of Fuqua's property at
such time Fuqua fills the existing sump in conformance with the engineering
agreement between Osprey Homes, Inc, Fort Collins Motors, Inc., Richard C. Fuqua,
Garth Rogers, Ted Davis, Chris. Brown, and Cornell Consulting Company. In the
meantime, Fuqua will Dermit runoff water to flow over, and/or through, the low
lying area under study as indicated above.
IN WITNESS WHEREOF, and that this agreement shall be bindin, upon the
undersigned, their heirs, personal representatives and assigns, the same has been
made and entered into the day and year first above written.
PRFY 4FS do Corporation
ATTEST: r_
Secret.ar}, Reid L. Rosenthal, Presi-dent
FORT COLLINS MOTORS, INC., a Colorado Corporation
ATTEST:
_ BY:
Secretary Rohe
Patricia K. Fuqua Ric rd C
. Creger, President
qua
AGREEMENT
THIS AGREEMENT made and entered into this day of
May, 1978, by and between OSPREY HOMES, INC., FORT COLLINS MOTORS,
INC., RICHARD C. FUQUA, PATRICIA K. FUQUA, GARTH W. ROGERS, D. J.
COLLING, THEODORE R. DAVIS and CHRIS BROWN;
WITNESSETH:
WHEREAS, Fort Collins Motors, Inc. and Osprey Homes, Inc.
own property in the Northeast 1/4 of Section 35, Township 7 North,
Range 69 West, said property known as "CREGER PLAZA" and have
submitted to the City of Fort Collins for final approval a plat
of said property; and
WHEREAS, the other parties to this agreement own lands
bordering on South College Avenue and lying South of Creger Plaza
as referenced above; and
WHEREAS, each of the parties hereto has entered into an
agreement to have an engineering study done regarding the disposal
of water on said properties; and
WHEREAS, at the present time, near the western boundaries
of each of the properties referenced above, including Creger Plaza,
there is a low area;
NOW, THEREFORE, it is agreed upon the exchange of mutual
consideration, the adequacy and receipt of which is acknowledged
by each of the parties hereto as follows:
Each of the parties hereto agrees that until the low area
is filled and drained in a manner satisfactory to all parties, Fort
Collins Motors, Inc. and Osprey Homes, Inc. shall be allowed to
have any water runoff from Creger Plaza diverted into the low
area referenced above so long as said runoff does not exceed the